Chippewas List Rights They Will Seek In Court

September 27, 1985|By United Press International.

MADISON, WIS. — Wisconsin Chippewa Indians have publicly disclosed for the first time what they are seeking from the courts in terms of fishing and hunting rights. In a pretrial brief filed in Madison, six bands of Wisconsin Chippewas said they may be entitled to 50 percent of the fish and game in the northern third of the state and have the right to sell the fish and game.

Also included in the brief were the Chippewas` beliefs that they can:

-- Hunt on privately owned state land enrolled under the state`s forest crop law.

-- Spear and gill-net game fish.

-- Use artificial lights for hunting deer at night.

-- Hunt and fish with no state regulatory supervision.

The tribes are basing their position on treaties with the U.S. government in the 1880s that were upheld in a January, 1983, U.S. Court of Appeals decision. The decision gave the Chippewas off-reservation hunting and fishing rights. Additional court action will determine the scope of the rights.

The brief says the state is precluded by federal enactments from regulating the off-reservation activities reserved by the treaties.

A spokesman for the Department of Natural Resources said the Chippewas`

position is frustrating.

The six tribes involved in the filing of the brief are the Lac du Flambeau, Lac Courte Oreilles, St. Croix, Bad River, Sokaogon (Mole Lake) and Red Cliff.

A trial between the state and the Indians concerning the rights under the treaties is scheduled for Nov. 18.